(PC) Brooks v. Smith

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIE LEE BROOKS, II, No. 2:22-CV-0062-DMC-P Plaintiff, v. ORDER RAINELLE SMITH, Defendant. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s motion to strike affirmative defenses. See ECF No. 90. Defendant has filed an opposition. See ECF No. 92. Plaintiff has filed a reply. See ECF No. 93. In his motion, Plaintiff seeks an order pursuant to Federal Rule of Civil Procedure 12(f) striking affirmative defenses asserts in Defendant’s answer. See ECF No. 90. A plaintiff’s motion to strike affirmative defenses from an answer must be brought within twenty-one days after being served with the defendant’s answer. See Fed. R. Civ. P. 12(f)(2); see also Est. of Sanchez v. Cnty. of Stanislaus, No. 1:18-cv-00977, 2023 WL 7612399, at *11, n.1 (E.D. Cal. Nov. 14, 2023). Here, Defendant’s answer, with affirmative…